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Legally separated 2 years, have filed for divorce, have not divided marital property. Want to move back into house until we can sell the property and divide our assets. Other Spouse is not willing to share the space or assist in other housing for me. Legally can I move back in without him... View More 
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answered on Nov 30, 2017
There is no such thing as legally separated - in NC one is either simply separated or they are not. If you are not living in the same residence and at least one of you has the intention not to resume the marital relationship - you are as legally separated as you ever will be. So while trespass... View More
answered on Nov 27, 2017
You will need to review the terms of your contract with the rental company. More than likely it has provisions in it regarding how and when the contract may be terminated. It should also tell you what kind of notice must be given.
We had a signed lease in place with our names listed and requested, at discretion of the ABC commission that our LLC be added to the lease as well. Our landlord drew a handwritten line on the lease as a place for the LLC to sign, no other modifications were made. Now he is refusing to give us a... View More
answered on Nov 8, 2017
No. The landlord should provide you with a copy of the signed lease. Unless there is some provision in the lease that allows him to charge a fee for modifications to the lease, the fee would not be appropriate. Also, if it is not in the lease, it was not agreed to prior to the modification, so it... View More
A renter recently moved out and although their monthly rent was current, they were habitually late making payment and had written several bad checks. I asked on numerous occasions for late fees and return check fees but none were ever paid. Can I now deduct those fees from the security deposit?... View More
answered on Nov 8, 2017
Yes, late fees are allowed to be charged and deducted from the security deposit.
Talked to my landlord about two months ago, he said he would send me a notice in the mail of a rent increase but never did on the 30th of oct he texted me say remind your rent will increase on the first of Nov. I told him I never received a notice so he texted me and said because we can't... View More
I was staying at an apartment with a friend of mines that I’ve know for 20yrs. I was paying half of rent and utilities, I even had mail being sent to the apartment. On August 29, 2017 I returned home from a weekend trip to find out the locks were changed without given me any notice. Also I had... View More
I drew up the contract myself and put the 30 day stipulation in it, it was signed by both parties and notarized.
answered on Oct 26, 2017
If the written terms of the contract require payment within 30 days, it appears that the party would be in default. Without more information, it is not possible to answer more fully.
No one else is listed in the will....no one to contest. House is valued at approx. $150,000. We make the monthly house payment.
answered on Oct 25, 2017
Simple answer: If the house was in your mother's name alone at the time she passed, you will need to go through some form or probate in NC where your mother lived to transfer the house from her to you.
If you aren't sure how to do this, it is a good idea to hire a local probate... View More
We were asked by a home owner to help with a massive clean up to make a dead line for a company that leases the property's .
we have a contract for vacation rentals general cleaning with the lesser but the agreement with the owner was verbal.
More than 20 witness know we did... View More
answered on Oct 19, 2017
I think it is questionable whether this type of clean up meets the definition of an "improvement" that subjects a property to a lien. However, you do have a contract with the homeowner for the value of your services, even if that contract was verbal.
My roommate moved in 4 months ago when she took over for my old roommate; we signed our new lease but now I have decided for a better career opportunity I want to relocate out of NC to NYC. My roommate is made because she claims she did not want to move in anyway and that I blindsided her with this... View More
I had to verify my income as well and signed papers. My name is on the deed with his.
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answered on Oct 11, 2017
If you are on the deed then of course he can't sell the property without your consent.
Can I allow my son to move into the home
answered on Oct 9, 2017
If the other sisters are agreeable. Note however if they want to put it on the market, they aren't legally obligated to compensate your son for any fix up work he does.
My mother died in 2006, naming my sister as the executor of her will, and listed my sister, my half-brother, and myself as heirs to her property. My sister & half-brother decided to demolish her house (which I never agreed to), and since we now have a buyer for the property, they are telling me... View More
Someone who is on the deed paying the property taxes who has legal right of ownership.
I purchased the assets of a business in Wake forest NC. The owner mis represented the revenue of the business and i realized quickly that i may not be able to pay the rent. My LLC assumed the lease, with me as the acting member. Do i carry any personal liability if my LLC is unable to fulfill... View More
answered on Oct 2, 2017
Generally, you would not be personally responsible for the debts of the LLC. Piercing the corporate veil is the way that you get behind the LLC to individual members. There are many factors that determine whether the veil can be pierced. Co-mingling is one, inadequate capitalization, failure to... View More
Husband owns the property solely. He gave my stepdaughter permission to put a camper in backyard to live in. Her mother is on title to camper. Stepdaughter and mother were given verbal notice to move camper in 30 days, didn't do it. Stepdaughter now in jail. Can we do something to keep mother... View More
answered on Sep 25, 2017
You can't effectively evict someone verbally in North Carolina.
You should contact a lawyer who specializes in landlord-tenant and eviction issues.
Search through the find a lawyer directory on this website or contact the NC Bar Association Lawyer Referral Service:... View More
answered on Sep 25, 2017
It can be deeded with the written consent of the other interest owners. A stranger can pay your property taxes. Paying property tax is totally separate and apart from the ownership rights associated with real property. That is, paying the taxes gives you no greater interest in the real property.
answered on Sep 22, 2017
Your question doesn't contain enough information to give you a clear answer. What is the nature of your co-ownership as shown on the deed? Are the three of you Joint Tenants with Right of Survivorship? This would tend to indicate that you are three co-equal owners. Or are you Tenants in... View More
I have a warranty deed and a real estate purchase agreement for NC
answered on Sep 20, 2017
Closing on a piece of property without a law license is generally considered the unauthorized practice of law and is illegal. There are some specific scenarios in which that is not the case, but from the information you have provided, you will need an attorney.
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